Clean Water Act

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
News & Analysis as of

Judge Barbier BP Attempt to Limit Clean Water Act Fines

On September 4, 2014, District Court Judge Carl Barbier issued his “Findings of Fact and Conclusions of Law – Phase One Trial” in the Deepwater Horizon oil spill litigation. In his 153 page opinion, Judge Barbier found BP...more

Supreme Court Asked to Allow Immediate Judicial Review of Clean Water Act Jurisdictional Determinations

A landfill developer has asked the Supreme Court to review a decision of the Fifth Circuit holding that a jurisdictional determination by the U.S. Army Corps of Engineers is not final agency action subject to judicial review....more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - - Definition of “Waters of the United States” Under the Clean Water Act, 33 C.F.R. Part 328 - - In connection with its proposed rule regarding the definition of...more

Changes in Congress Affect California Water Interests

Last week’s Midterm elections shifted the political landscape toward the Republicans as they captured the majority in the Senate and increased their votes in the House....more

Science Advisory Board Finally Weighs In on Waters of the U.S.

The Science Advisory Board has at last released its peer review of EPA’s draft report on Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis, the technical support for the proposed rule on...more

California Environmental Law and Policy Update - October 2014 #4

Environmental and Policy Focus - Groups sue EPA over failure to reduce air pollution: KPCC - Oct 17: Environmental groups have filed a lawsuit in U.S. District Court in San Francisco against the U.S. Environmental...more

EPA Draft Ruling Could Mean Significant Changes to How Stormwater Systems are Categorized

The last thing that public agency leaders want to hear is that looming changes may make operating and building new public infrastructure more challenging and expensive. Unfortunately, proposed changes by the Environmental...more

EPA Extends Comment Period on Significant Proposed Rule Under the Clean Water Act

The U.S. Environmental Protection Agency (“EPA”) announced that it has extended the comment period on a proposed rule that has the potential to significantly expand the authority of the EPA and the U.S. Army Corps of...more

In BP Gulf Oil Spill Litigation, the District Court Decided Important Legal Questions that will Likely be Appealed, including the...

On September 4, 2014, U.S. District Judge Carl Barbier issued findings of fact and conclusions of law for the trial of the MDL of the Gulf Oil Spill, which included findings that the oil spill was the result of BP Exploration...more

Growing Michigan - Third Quarter 2014

In This Issue: - Food and Drug Administration Not Required to Ban Antibiotics Given to Food-Producing Animals - U.S. Department of Agriculture Expands Crop Insurance under 2014 Farm Bill -...more

Energy Newsletter - October 2014

In This Issue: - Mexico's New E&P Contracts - Electricity Reform in Mexico: New Opportunities and Roles - New Licence Terms Promoting Unconventional Exploration and Production are Introduced for the UK's 14th...more

EPA Really Does Have Authority To Withdraw Specifications Under Section 404 of the Clean Water Act

Last year, the D.C. Circuit Court of Appeals ruled that EPA has authority to withdraw its approval for the specification of sites for the disposal of fill material, even after the Army Corps has issued a permit for the...more

Deepwater Horizon Oil Spill Legal Update: Judge Makes Findings of Gross Negligence and Negligence

While the Deepwater Horizon oil spill has largely disappeared from the news headlines, for the parties involved in the litigation, the legal machinations, particularly with respect to liability, have a long way still to...more

The SAB Enters the “Waters of the United States” Fray: Guess Which Side the Scientists Support

The Science Advisory Board has now provided its advice to EPA and the ACOE concerning their proposed rule clarifying the definition of “waters of the United States” under the Clean Water Act. In a brief letter that can only...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

This monthly publication provides information on compliance deadlines, regulatory developments, and other developments in federal, Maine, Massachusetts, and New Hampshire environmental and land use laws. NEW REGULATORY...more

Aurora Energy Decision Deems Discharges Prohibited, Leaves Open Question of Permit Shield Applicability

On September 3, 2014, the United States Court of Appeals for the Ninth Circuit issued its opinion in Alaska Community Action on Toxics v. Aurora Energy Services, LLC, holding that the Clean Water Act General Permit for...more

EPA Releases Clean Water Act Final 2012 And Preliminary 2014 Effluent Guidelines Program Plans

On September 16, 2014, the U.S. Environmental Protection Agency (EPA) released its Final 2012 Effluent Guidelines Program Plan (Final 2012 Plan) and the Preliminary 2014 Effluent Guidelines Program Plan (Preliminary 2014...more

More Than (You Thought) You Ever Wanted To Know About Waters Of The United States

Over the past few months, I worked with a number of colleagues from the American College of Environmental Lawyers to provide the Environmental Council of the States with a balanced review of the history and background of how...more

Wrap-Up of Federal and State Chemical Regulatory Developments (September 2014)

Health Activists' Petition Seeks Sunset Of CBI Claims: On August 21, 2014, six environmental health organizations filed a petition under Section 21 of the Toxic Substances Control Act (TSCA). The petition urges the U.S....more

EPA Releases Document Seeking To Clarify “Waters Of The U.S.” Rule

EPA on September 8, 2014, released a question and answer (Q&A) document seeking to clarify the scope and purpose of its proposed “Waters of the U.S.” rule. Issued jointly by EPA and the U.S. Army Corps of Engineers (Corps) on...more

Trial Judge Concludes The Deepwater Horizon Spill Caused By BP’s Gross Negligence And Willful Misconduct

On September 4, 2014 the federal district judge overseeing the multidistrict litigation resulting from the Deepwater Horizon oil spill issued long-awaited rulings as to liability. The court concluded that BP is subject to...more

NPDES Permits Are Construed Narrowly Against the Permittee

In July, we noted that the Clean Water Act’s permit shield defense would be construed narrowly, applying only where a permittee had clearly disclosed that the relevant pollutant to the agency. This week, in Alaska Community...more

California Environmental Law and Policy Update - August 2014 #6

Environmental and Policy Focus: U.S. EPA settles case over destruction of rare Central Valley wetlands: EPA - Aug 14: The U.S. Environmental Protection Agency and the U.S. Department of Justice today announced a...more

Critical Habitat and the Endangered Species Act: Proposed Revisions to Fundamental Regulatory Concepts

On May 12, 2014, the U.S. Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (collectively, the “Services”) issued notices of proposed rules and a proposed policy related to the designation of...more

Fifth Circuit Holds that the Army Corps of Engineers' Jurisdictional Determination Does Not Constitute a Reviewable "Final Agency...

On July 30, 2014, the United States Court of Appeals for the Fifth Circuit held that the issuance of a jurisdictional determination (JD) by the U.S. Army Corps of Engineers (Corps) is not a final agency action subject to...more

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